Summary: Miss X complained about how the Council dealt with her homelessness application. She said she is homeless, and this impacted her mental health. There was fault as the Council did not provide Miss X with accommodation after accepting a duty to her and communication was poor. Miss X lived in unsuitable accommodation for 18 months. The Council has agreed to apologise and make a financial payment.

The complaint

1. Miss X complained about how the Council dealt with her homelessness application. She said she is homeless, and this impacted her mental health.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read Miss X’s complaint and spoke to her about it on the phone.
5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making this final decision.

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What I found

Background information

7. Part 7 of the Housing Act 1996 and the Homelessness Code of Guidance for Local Authorities set out councils’ powers and duties to people who are homeless or threatened with homelessness.
8. Someone is homeless if they have no accommodation or if they have accommodation, but it is not reasonable for them [and anyone who lives with them/might reasonably be expected to live with them] to continue to live there. (Housing Act 1996, Section 175)
9. Councils must complete an assessment if they are satisfied an applicant is homeless or threatened with homelessness. The Code of Guidance says, rather than advise the applicant to return when homelessness is more imminent, the housing authority may wish to accept a prevention duty and begin to take reasonable steps to prevent homelessness. Councils must notify the applicant of the assessment. Councils should work with applicants to identify practical and reasonable steps for the council and the applicant to take to help the applicant keep or secure suitable accommodation. These steps should be tailored to the household, and follow from the findings of the assessment, and must be provided to the applicant in writing as their personalised housing plan (PHP). (Housing Act 1996, section 189A and Homelessness Code of Guidance paragraphs 11.6 and 11.18)
10. There are two types of accommodation councils provide to certain homeless applicants: interim accommodation and temporary accommodation.
11. A council must secure accommodation for applicants and their household if it has reason to believe they may be homeless, eligible for assistance and have a priority need. This is called interim accommodation. (Housing Act 1996, section 188)
12. If, having made inquiries, the council is not satisfied an applicant is homeless, eligible, and in priority need, it will have no further accommodation duty.
13. If a council is satisfied an applicant is unintentionally homeless, eligible for assistance, and has a priority need the council has a duty to secure that accommodation is available for their occupation. This is called the main housing duty. The accommodation a council provides until it can end this duty is called temporary accommodation. (Housing Act 1996, section 193)
14. If a council ends its interim accommodation duty, but then goes on to accept the main housing duty, it still has a duty to provide temporary accommodation.
15. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household.  This duty applies to interim and temporary accommodation. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
16. Interim and temporary accommodation can be the same physical property. What changes is the legal duty under which a council provides it. This is important because there is a statutory right to review the suitability of temporary accommodation. This then carries a right of appeal to county court on a point of law. There is no statutory right to review the suitability of interim accommodation.
17. The law says councils must ensure all accommodation provided to homeless applicants is suitable for the needs of the applicant and members of their household. This duty applies to interim accommodation and accommodation provided under the main housing duty. (Housing Act 1996, section 206 and Homelessness Code of Guidance 17.2)
18. Homelessness temporary accommodation must be legally suitable. (Housing Act 1996, section 206) Anyone who believes their temporary accommodation is unsuitable can ask the Council to review the accommodation’s suitability. (Housing Act 1996, section 202) If the Council’s review decides the accommodation is unsuitable, the Council must provide suitable accommodation. If the review decides the accommodation is suitable, the applicant has the right to appeal to the county court on a point of law. (Housing Act 1996, section 204)
19. Councils must consider the location of accommodation when they consider if it is suitable for the applicant and members of their household. If a council places an applicant outside its district, it must consider, among other matters:

• the distance of the accommodation from the “home” district;
• the significance of any disruption to the education of members of the applicant’s household; and
• the proximity and accessibility to local services, amenities and transport. (Homelessness (Suitability of Accommodation) Order 2012)

What happened

20. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
21. Miss X approached the Council as homeless in December 2023. Miss X, and her husband, Y, confirmed she was pregnant and could not remain living with family. The Council visited Miss X to understand her circumstances.
22. The Council accepted the relief duty in January 2024. The Council confirmed it accepted the duty from when it completed the visit in December 2023. The Council sent Miss X the PHP, confirming her and her family needed a two-bedroom property.
23. Miss X chased the Council for support.
24. The Council accepted the main housing duty in March 2024.
25. Miss X continued to chase the Council for support.
26. The Council asked Miss X to visit its office in August 2024 to go through the homelessness application. Miss X attended the office with her child, a week later. Miss X complained three days later. She complained the Council had ignored her situation.
27. At the end of August 2024, the Council told Miss X it arranged a placement for her family. Miss X told the Council she was looking at a private rental property and asked the Council for support to move there. The Council withdrew the offer.
28. The Council responded to the complaint in September 2024. The Council explained confusion as it thought Miss X was in emergency accommodation. The Council admitted it was not acceptable to not contact Miss X. The Council upheld the complaint and offered her £100 for her time and trouble.
29. The Council informed Miss X the property she found was unaffordable a week later.
30. Miss X continued to chase the Council.
31. The Council offered Miss X a double room, roughly 25 miles from her home area in November 2024. Miss X went to the property, but told the Council two people and a baby could not fit in the room. Miss X returned to living at a relative’s home.
32. Miss X complained to the Council again in December 2024. The Council response in January 2025 stated it fully upheld the first complaint and offered £100 for the time and trouble. The Council apologised for the lack of communication and lack of accommodation. The Council confirmed it understood Miss X would have accepted accommodation if it offered it when it should have. The Council offered to pay Miss X £150 per month from January 2024 until July 2024. The Council also offered a further £150 to acknowledge the communication concerns.
33. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to accommodate her and realise the negative effect the neglect had on her and her family.
34. In response to my enquiries the Council stated it had a shortage of properties but accepted it should have offered £150 for December 2023 as it delayed accepting the relief duty. It also acknowledged Miss X’s homelessness continued after July 2024. The Council confirmed it still owed Miss X a homelessness duty.
35. After my enquiries, the Council asked Miss X to present at its offices again to consider her situation. Miss X has now confirmed the Council did offer her accommodation after this, so she is no longer homeless. She stated the Council could discharge its duty.

My findings

36. Miss X approached the Council in December 2023. The Council delayed accepting the relief duty until January 2024. This delay is fault.
37. The Council accepted the main housing duty in March 2024. The Council confirmed it had a duty to secure accommodation for Miss X. The Council did not secure accommodation. The Council referenced two offers of accommodation from August 2024 and November 2024. The Council has not evidenced it gave either offer to Miss X in writing, setting out her appeal rights. Any offer of temporary accommodation must be in writing. The offer should set out why the offer is suitable and giving the applicant an appeal right. The Council did not do this. This is fault.
38. Without any formal offer letter, the Council did not formally offer the accommodation. The Council accepted Miss X was homeless in December 2023. It had a duty to accommodate Miss X, and it did not. This is fault. Miss X has lived in unsuitable accommodation since December 2023.
39. The Council accepted this fault in its complaint response, offering Miss X a remedy payment from January 2024 until July 2024. The Council accepted in its complaint response it backdated the relief duty until December 2023. The Council acknowledged it should pay this amount for December 2023.
40. The Council accepted, in response to my enquiries, Miss X was still homeless. It approached her in June 2025, asking her to attend its offices again. Miss X informed the Ombudsman after this date she no longer needed accommodation. Miss X was homeless, living in unsuitable accommodation from August 2024 until June 2025. The Council had a duty to accommodate her. It did not. This is fault.
41. Miss X has had to chase the Council for 18 months. She has had little response. The Council accepted this poor communication and offered Miss X £100 for her time and trouble and £150 for the distress. This is a reasonable offer to remedy the injustice the Council fault caused.
42. Following previous investigations by the Ombudsman, the Council has already agreed to several recommendations to improve its homelessness service. We are already monitoring compliance with those recommendations, so I have not repeated them here.

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Recommended action

43. To remedy the outstanding injustice caused to Miss X by the fault I have identified, the Council should take the following action within 4 weeks of my final decision:
• Apologise to Miss X for the injustice caused by the fault identified in this case. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Miss X £150 for not providing her with suitable accommodation for December 2023.
• Pay Miss X £150 per month for not providing her with suitable accommodation from August 2024 until June 2025, 11 months.
44. The Council should provide us with evidence it has complied with the above actions.

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Decision

45. I have found fault by the Council, which caused injustice to Miss X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman